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Home My WebLink About2008 04 14 Public Hearing 507 Adopting Ordinance 2008-08 on Second and Final Reading-154 Lori Anne Lane COMMISSION AGENDA ITEM 507 Consent Informational Public Hearing X Regular April 14. 2008 Meeting l>v 7~ Mgr. / Art. I Dept. REQUEST: The City Attorney requests that the City Commission consider adopting Ordinance 2008-08 on second and final reading authorizing the lease or sale of 154 Lori Anne Lane. PURPOSE: The purpose of this Ordinance is to authorize the sale and lease of 154 Lori Anne Lane pursuant to the City Charter. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Section 4.1.4, Winter Springs City Charter. CONSIDERATIONS: 1. The City Commission previously worked with Wyman Fields to rehab numerous housing units located on the West side of the City. These units were also converted to owner occupied units. 2. The City contributed part of the financing for the rehab of the units. The City's financing was secured by a second mortgage. Although Wyman Fields ran into organizational and financial trouble, the City successfully completed this important housing project and eventually recovered its financial investment through the sale of Page 1 of 2 the units. 3. Additionally, during the project, the City negotiated additional collateral to secure its financial investment. The additional collateral included a mortgage on the unit located at 154 Lori Anne Lane, which was owned by Wyman Fields but not part of the rehab proj ect. 4. On or about March 17, 2006, the City successfully foreclosed on the unit at 154 Lori Anne Lane and took the property at a Sheriffs sale. 5. Subsequent to acquiring the unit, the City secured the unit and conducted repairs to make the unit suitable for occupancy. 6. At this time, the City Manager recommends that the unit be leased or sold. 7. Ordinance 2008-08 authorizes the lease or sale of 154 Lori Anne Lane pursuant to the City Charter requirement that the lease or sale of City land be done by ordinance. STAFF RECOMMENDATION: The City Manager and City Attorney recommend adopting ordinance 2008-08 on Second Reading. ATTACHMENT: 1. Ordinance 2008-08. 2. Property Appraiser Data Sheet. 3. Sheriff s Deed. COMMISSION ACTION: 1. The City acquired the real property as co llateral during the Wyman Field's affordab le housing project. 2. The City Commission passed ordinance 2008-08 on First Reading on March 24, 2008. Page 2 of 2 ORDINANCE NO. 2008-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE LEASE OR SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY AND GENERALLY LOCATED AT 154 LORI A.~ LANE, WINTER SPRINGS, PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article vrn, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is the owner of certain real property located at 154 Lori Anne Lane, Winter Springs, Florida; and WHEREAS, the City desires to lease or sell said property; and WHEREAS, section 4.14 ofthe City Charter requires the City to adopt an ordinance for any conveyance or lease of any land of the City; and WHEREAS, the City desires to authorize the lease or alternatively the sale of the property as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, finds that this Ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. The Property. The real property subject to the provisions of this Ordinance ("the Property") is described as follows: Property Address: 154 Lori Anne Lane; Tax Parcel # 34203052200000140; Legal description: LEG LOT 14, LORI ANNE ACRES REPLAT, according to the plat thereof as recorded in Plat Book 28, Page 25, Public Records of Seminole County, Florida. Section 3. Lease of the Property. The City Commission of the City of Winter Springs hereby authorizes the City Manager to lease the Property at a reasonable fair market rental rate. Said lease shall be in writing and shall be in a form acceptable to the City Manager and City Attorney. The term of any lease agreement City of Winter Springs Ordinance No. 2008-08 Page I of 2 shall not exceed one (1) year. However, annual renewals may be permitted if the Property is not sold pursuant to section 4 of this Ordinance. Section 4. Sale of the Property. In addition, if the City receives an acceptable offer to purchase the Property, the City Commission of the City of Winter Springs hereby authorizes the sale of the Property pursuant to the terms and conditions set forth in a Purchase and Sale Agreement. Said agreement shall be subject to final approval by the City Commission. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Not Incorporated into the Code. This Ordinance shall not be incorporated into the City Code. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of April, 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: March 24. 2008 April 14. 2008 April 14.2008 City of Winter Springs Ordinance No. 2008-08 Page 2 of 2 ORDINANCE NO. 2008-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING THE LEASE OR SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY AND GENERALLY LOCATED AT 154 LORI ANNE LANE, WINTER SPRINGS, PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is the owner of certain real property located at 154 Lori Anne Lane, Winter Springs, Florida; and WHEREAS, the City desires to lease or sell said property; and WHEREAS, section 4.14 of the City Charter requires the City to adopt an ordinance for any conveyance or lease of any land of the City; and WHEREAS, the City desires to authorize the lease or alternatively the sale of the property as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, finds that this Ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. The Property. The real property subject to the provisions of this Ordinance ("the Property") is described as follows: Property Address: 154 Lori Anne Lane; Tax Parcel # 34203052200000140; Legal description: LEG LOT 14, LORI ANNE ACRES REPEAT, according to the plat thereof as recorded in Plat Book 28, Page 25, Public Records of Seminole County, Florida. Section 3. Lease of the Property. The City Commission of the City of Winter Springs hereby authorizes the City Manager to lease the Property at a reasonable fair market rental rate. Said lease shall be in writing and shall be in a form acceptable to the City Manager and City Attorney. The term of any lease agreement City of Winter Springs Ordinance No. 2008-08 Page 1 of 2 shall not exceed one (1) year. However, annual renewals maybe permitted if the Property is not sold pursuant to section 4 of this Ordinance. Section 4. Sale of the Property. In addition, if the City receives an acceptable offer to purchase the Property, the City Commission of the City of Winter Springs hereby authorizes the sale of the Property pursuant to the terms and conditions set forth in a Purchase and Sale Agreement. Said agreement shall be subject to final approval by the City Commission. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Not Incorporated into the Code. This Ordinance shall not be incorporated into the City Code. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of April, 2008. . ~ - ~ , ATE' ST: '~.~ ~~y ~~ A D A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City inter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading Effective Date: March 24, 2008 April 14, 2008 April 14, 2008 City of Winter Springs Ordinance No. 2008-08 Page 2 of 2